Tulio et al v. Sickler

Filing 26

Order Amending Preliminary Injunction: On limited remand pending appeal from the Ninth Circuit, the court amends its previous order granting injunctive relief, ECF No. 101 , as well as the relief granted in the Corrected Opinion and Order, ECF 106 . The amended order will go into effect, as stated, on November 23, 2023. Signed on 11/14/2023 by Judge Michael J. McShane. Associated Cases: 3:23-cv-01097-CL, 1:23-cv-01533-MC (cp)

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

WALTER BETSCHART, JOSHUA
SHANE BARTLETT, CALEB AIONA,
TYRIK DAWKINS, JOSHUA JAMESRICHARDS, TANIELA KINI KIN LATU,
RICHARD OWENS, LEON MICHAEL
POLASKI, ALEX SARAT XOTOY,
TIMOTHY WILSON, JEFFREY DAVIS,
RICHARD AARON CARROLL, SR.,
JENNIFER LYN BRUNETTE, NICHOLAS
WALDBILLIG, DEREK PIMENO
ZAVALA, CURTIS RAY ANTHONY
REMINGTON, CRISTA JEAN DAVIS,
NICHOLE LYNN WHALEN, and JACOB
ISAAC NATHANIEL COLE, on their
behalf, and on behalf of all others similarly
situated,

Case No.: 3:23-cv-01097-CL
(LEAD CASE)

AMENDED ORDER FOR
INJUNCTIVE RELIEF

Plaintiffs,
vs.
SHERIFF PATRICK GARRETT,
Washington County Sheriff, in his official
capacity, and WASHINGTON COUNTY
CIRCUIT COURT JUDGES, in their
official capacities, and THE STATE OF
OREGON,
Defendants.
_______________________________
MCSHANE, J.:
This amended order goes into effect on November 23, 2023.
1. This amended order applies to the following “Custody Class” of individuals who are
or will be:
1 – OPINION AND ORDER

(1) indigent and unable to afford an attorney, (2) facing criminal charges
in Oregon, and (3) physically housed in a jail in Oregon.
2. If counsel is not secured within seven days of the initial court appearance for any
member of the Custody Class, the sheriff of that county is ordered to release the class
member from custody.
3. If counsel is secured within the seven-day period but subsequently withdraws due to a
conflict within that period, new counsel must be secured within seven days of the
withdrawal. If new counsel is not secured within the seven-day period following
withdrawal, the sheriff of that county is ordered to release the class member.
4. This order does not apply to class members who fire their attorney.
5. As explained in the Court’s opinion, this order does not impact the provisions of
Article I, Section 43 of the Oregon Constitution. This order does not apply to crimes
of murder and aggravated murder.
6. Released class members are subject to the conditions of release set forth in ORS §
135.250 and any other conditions that the Circuit Court may impose that are related to
assuring the appearance of the class member and the safety of the community.
7. If the appellate courts or post-conviction-release courts remand an in-custody class
member to the circuit court for a new trial, the seven-day period in which counsel
must be appointed will begin at the class member’s appearance in circuit court.
8. The Circuit Court shall ensure that a release agreement is presented to and executed
by the class member at the time of their release. Failure of the class member to
execute the release agreement will result in the continued detention of the class
member. Failure of the class member to abide by the conditions of release set forth in
the release agreement may result in the revocation of their release. If release is
2 – OPINION AND ORDER

revoked, the class member is not entitled to a new seven-day period for appointment
of counsel. The Circuit Court retains its statutory authority to impose release
conditions on pre-trial class members and to enforce compliance with those
conditions.

IT IS SO ORDERED.
Dated this 14th day of November, 2023.
______/s/ Michael McShane_____
Michael McShane
United States District Judge

3 – OPINION AND ORDER